Georgia legislation · 2025-2026 Regular Session
Georgia HB1605: Community Health, Dept. of; making claims for Medicaid estate recovery of funds from ABLE accounts maintained through any qualified ABLE account, except as required by applicable federal law; prohibit
Status: In committee, March 31, 2026
A BILL to be entitled an Act to amend Chapter 9 of Title 30 of the Official Code of Georgia Annotated, relating to Georgia Achieving a Better Life Experience (ABLE), so as to prohibit the Department of Community Health from making claims for Medicaid estate recovery of funds from ABLE accounts maintained through any qualified ABLE account, except as required by applicable federal law; to provide a definition; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
What the bill says
To amend Chapter 9 of Title 30 of the Official Code of Georgia Annotated, relating to Georgia Achieving a Better Life Experience (ABLE), so as to prohibit the Department of Community Health from making claims for Medicaid estate recovery of funds from ABLE accounts maintained through any qualified ABLE account, except as required by applicable federal law; to provide a definition; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
From the introduced text:
A BILL TO BE ENTITLED To amend Chapter 9 of Title 30 of the Official Code of Georgia Annotated, relating to Georgia Achieving a Better Life Experience (ABLE), so as to prohibit the Department of Community Health from making claims for Medicaid estate recovery of funds from ABLE accounts maintained through any qualified ABLE account, except as required by applicable federal law; to provide a definition; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares that: (1) ABLE accounts are intended to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life; and (2) Reclaiming remaining funds in an ABLE account upon the death of a beneficiary for Medicaid reimbursement, often known as a "clawback", creates a barrier to enrollment and undermines the purpose of providing long-term financial security for Georgians with disabilities. H. B. 1605 LC 60 0347 SECTION 2. Chapter 9 of Title 30 of the Official Code of Georgia Annotated, relating to Georgia Achieving a Better Life Experience (ABLE), is amended by revising Code Section 30-9-14, relating to death of designated beneficiary of ABLE Trust …